Indian Corporate Law & Corporate Governance Consultants
Patent laws in India. How to get a Patent and what are the fees involved in registration.
Patent is a grant
Any invention concerning with
- Of a Substance
- Of an Article
- Of an Apparatus
Any invention which is
- Conducts searches to ascertain the prerequisites
- Publishes the application
- Conducts in depth examination
- Raises objection to the application
- Grants the Patent
Documents required for filing an application
The Register of Patents will be kept in the Patent Office and its branch offices. Register of Patents can be inspected or extract from it can be obtained on payment of prescribed fee. Register of Patents contains full details of the Patent which include patent number, the names and addresses of the patentee; notification of assignment etc.; renewals, particulars in respect of proprietorship of patent etc.
On failure to work a patent within three years from the date of its sealing, an interested party may file petition for grant of a compulsory license.
Every patent for an invention relating to a method or process for manufacture of substances intended for use, or capable of being used, as food, medicines, or drugs, or relating to substances prepared or produced by chemical process (including alloys, optical glass, semi-conductors and inter-metallic compounds) shall be deemed to be endorsed "Licenses of Right" from the date of expiry of three years from the date of sealing the patent.
Form no. | Amount of fees (in rupees) | |
Natural Person | Legal Entity other than natural person(s). | |
1 | 1000 - Multiple of 1000 in case of every multiple priority. - 100 (each sheet of specn. -in addition to 30) - 200 (for each claim in addition to 10) | 4000 - Multiple of 4000 in case of every multiple priority. - 400 (each sheet of specn. -in addition to 30) - 800 (for each claim in addition to 10) |
2 | No fee - 100 (each sheet of specn. -in addition to 30) - 200 (for each claim in addition to 10) | No fee - 400 (each sheet of specn. -in addition to 30) - 800 (for each claim in addition to 10) |
3 | No fee | No fee |
4 | 300 per month | 1200 per month |
5 | No fee | No fee |
6 | 500 | 2000 |
7 | 1500 | 6000 |
8 | 500 | 2000 |
9 | 2500 | 10000 |
10 | 1500 | 6000 |
11 | 1500 | 6000 |
12 | 1500 | 6000 |
13 | 500 1000 200 | 2000 4000 800 |
14 | 1500 | 6000 |
15 | 1500 | 6000 |
16 | 1000 | 4000 |
17 | 1500 | 6000 |
18 | 2500 3500 | 10000 14000 |
19 | 1500 | 6000 |
20 | 1500 | 6000 |
21 | 1500 | 6000 |
22 | 2000 | No fee |
23 | 1000 | No fee |
24 | 1000 | 4000 |
25 | 1000 | 4000 |
26 | No fee | No fee |
27 | No fee | No fee |
Patent protection is territorial right and therefore it is effective only within the territory of India. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries, within or before expiry of twelve months from the filing date in India.
From 20th July, 2007 the Indian Patent Office has put in place an online filing system for patent application. More information for filing online application is available on the website of Patent Office i.e. www.ipindia.nic.in. This facility is also available for filing trademarks application.
An invention to become patentable subject matter must meet the following criteria:
Generally, an application filed with provisional specification is known as provisional application which is useful in establishing a priority date for your invention. Moreover, filing of a provisional application is useful as it gives sufficient time to the applicant to assess and evaluate the market potential of his invention before filing complete specification. However, it is not necessary to file an application with provisional specification and one can file application directly with complete specification.
Yes, All the patent applications are kept secret upto 18 months from the date of filing or priority date whichever is earlier and thereafter they are published in the Official Journal of the Patent Office which is published every week and also available on the IPO website. After its publication, public can inspect the documents and also may take the photocopy thereof on payment of the fee as prescribed.
Every application for patent is published after 18 months from the date of its filing or priority date whichever is earlier. However, following applications are not published.
Yes, the applicant can make a request for early publication in Form 9 along with the prescribed fee. After receiving such request the Patent Office publishes such application within a period of one month provided the invention contained thereon does not relate to atomic energy or defence purpose.
The request for examination can be filed within a period of 48 months from the date of priority or date of filing of the application whichever is earlier. For more details kindly refer to rule 24B of the Patents Rules 2003 as amended up to 2006.
After examination, the Patent office issues an examination report to the applicant which is generally known as First Examination Report (FER). Thereafter the applicant is required to comply with the requirements within a period of twelve months from the date of FER. In case, the application is found to be in order for grant, the patent is granted, provided there is no pre-grant opposition is filed or pending. A letter patent is issued to the applicant. However, in case a pre-grant opposition is pending, the further action is taken after disposition of the pre-grant opposition.
If the applicant is not able to comply with or meet the requirement within 12 months, or does not submit the documents which were sent to him for compliance within the said period, the application is deemed to have been abandoned.
There is no provision for extension of time beyond the period of 12 months.